SUMANDEEP VIDHYAPEETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr.N.D. Nanavaty assisted by learned advocate Mr.Amit Thakkar for the petitioner and learned Assistant Government Pleader Ms.Asmita Patel for the State Government upon service of copy of petition in advance.

(2.) By invoking jurisdiction of this Court under Article 226 of the Constitution, the petitioner has prayed to set aside order dated 03rd October, 2020 passed by respondent No.2-Collector, Vadodara. It is further prayed to set aside communication dated 07th October, 2020 of respondent No.6 Pipaliya Gram Panchayat. It is next prayed to direct the respondent authorities to decide application dated 07th January, 2017 of the petitioner whereby the petitioner has sought for deletion or shifting of the cart way/pathway in Revenue Survey No.336 forming part of the consolidated Survey No.772 of Village Pipaliya, Taluka Vaghodiya, District Vadodara.

(3.) The petitioner is a Trust running educational institution in the Medical & Allied Sciences and also a multi-super specialty hospital with beds and patients maintained therein, as per the case. It appears that the Trust was found to have undertaken certain illegal construction in the internal road and in the margin land. They were noticed to be in breach of the conditions as per the say of the authorities. The authorities concerned under the Gujarat Land Revenue Code as well as under the Gujarat Panchayats Act took action for the same. On the other hand, the petitioner appears to have filed application requesting to regularize the illegal construction. Ultimately, the impugned order came to be passed by the Collector which is sought to be impugned in this petition.